SANJAY DHAR
Muzaffar Ahmad Rather – Appellant
Versus
UT OF J&K – Respondent
JUDGMENT :
1) By the medium of instant petition, the petitioner has challenged the legality and veracity of the order No.15/DMK/PSA/2022 dated 08.04.2022, issued by District Magistrate, Kulgam - respondent No.2 herein, in terms whereof, Muzaffar Ahmad Rather S/o Abdul Rashid Rather R/o Munand Yaripora District Kulgam (hereinafter referred to as the detenue), has been ordered to be taken into preventive custody and lodged in Central Jail, Jammu (Kotbalwal), for preventing him from acting in any manner prejudicial to security, sovereignty and integrity of the State.
2) The petitioner has contended that the detaining authority has passed the impugned detention order mechanically without application of mind as the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague on the basis of which no prudent man can make a representation against such allegations. It has been further contended that the procedural safeguards have not been complied with in the instant case, inasmuch as whole of t
Rahmatullah Vs. State of Bihar and Ors.
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Sama Aruna v. State of Telengana and & anr
Sophia Ghulam Mohd. Bham V. State of Maharashtra and others (AIR 1999 SC 3051)
Thahira Haris Etc. Etc. V. Government of Karnataka & Ors. (AIR 2009 SC 2184).
The detention order must comply with constitutional safeguards, including the provision of necessary material for an effective representation and cannot be based on stale incidents.
The failure to provide necessary material for effective representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention order illegal.
Failure to furnish all material forming the basis of preventive detention and non-consideration of the detenue's representation against the detention amount to violations of constitutional safeguards....
Non-consideration of a representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention order illegal.
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
Preventive detention orders must provide necessary materials for effective representation and cannot rely on stale incidents without a proximate link to current threats.
Failure to supply all material forming the basis of the grounds of detention and non-consideration of the detenue's representation violated Article 22(5) of the Constitution of India, rendering the d....
The failure to provide necessary materials for representation and non-consideration of the representation violates constitutional safeguards under Article 22(5), rendering the detention order illegal....
Detention orders must comply with Article 22(5) of the Constitution, ensuring supply of grounds and consideration of representation; vagueness in grounds renders detention illegal.
The failure to supply the material on which the detention is based renders the detention order illegal and unsustainable, violating the detenue's constitutional right guaranteed under Article 22(5) o....
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